If my mother passed away and left everything her house to me but my brother is living there, what can or should I do to get him out?

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If my mother passed away and left everything her house to me but my brother is living there, what can or should I do to get him out?

Asked on May 21, 2012 under Real Estate Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your mother left everything to you, you need to be careful because you need to have the law on your side on this. If this was bequeathed to you in a testamentary document (like a will or a trust), then make sure the document is very clear that you are getting the home or that the residuary clause is broad enough to cover the home. If the document specifically excludes him as a beneficiary, you would be on better footing. If the document doesn't mention the home and there is no way to specifically indicate or generally indicate you got the home or there is no testamentary documemt, it is arguable that the home would need to go through the probate route and it would be half yours and half your brothers. If he is living there, you would need to go through the eviction process to get him out. If you wish to see if the Sheriff can simply convince him without an eviction, you may wish to try that, as well.


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